Conditions for an action to be considered a crime
- must harm others
- violate basic values of society
- dealing with the action mustn’t violate values of society
- criminal law can make a significant contribution to solving the problem
Why is criminal law necessary?
- To protect society & individuals
- to keep order
Federal jurisdiction over law
Has jurisdiction over criminal law
Provincial jurisdiction over law
Has jurisdiction over quasi-criminal law
Summary conviction
- Minor offences (drug possession) where the accused can be arrested & summoned to court with no delay
- max. penalty: 6mo and/or $2000
Indictable offence
- Serious crimes (murder)
- max. penalty: life (May have minimum sentence)
Hybrid
- medium offences (theft)
- can be either summary or indictable, depending on decision of the crown
Quasi-criminal offences
- Passed by provinces, territories, and municipalities
- resemble criminal law but don’t deal with actual crimes
- ex: traffic offences
Elements that must exist for a person to be convicted of a crime
- actus reas
- mens rea
Actus reus
The guilty act/deed (ex. Punching someone)
Mens rea
The guilty mind -> intent to commit a crime (ex. Wanting to punch someone)
General intent
- only a minimal level of intent must be proven (ie that you meant to do what you did)
Specific intent
- requires proof of further intent (ie you meant to do what you did, and you meant it to have the actions that it did)
Elements of Mens rea
- knowledge
- motive
- recklessness
- willful blindness
Knowledge
Knowing certain facts (ie using your credit card when you know it’s revoked)
Motive
The reason/motivation someone has to commit a crime
Recklessness
Taking a risk where the result of an action is expected (ie you’re guilty of drug trafficking even though you thought you were smuggling something else)
Willful blindness
When you know you need to make an inquiry but don’t because you don’t want to know the truth
Absolute liability
- Only proof needed for conviction is that the act was committed (mens rea doesn’t have to be proven)
- CAN use due diligence as a defence
Strict liability
- Only proof needed for conviction is that the act was committed (mens rea doesn’t have to be proven)
- CANNOT use due diligence as a defence
Aid
- To assist a crime (presence at the scene isn’t conclusive evidence)
- penalty is usually the same as for the offence
Abet
- to encourage a crime (presence at the scene isn’t conclusive evidence)
- penalty is usually the same as for the offence
Accessory after the fact
- someone who helps a person escape or avoid capture (cannot convict a spouse)
- penalty is usually less than for the offence
Attempt
- to begin the process of committing an offence
- penalty is usually less than for the offence
